Aftereffects of R. v. Spencer

The Supreme Court of Canada decided in 2014 that Canadians had a significant privacy interest in so-called ‘subscriber data’ that is held by telecommunications data. Prior to the decision government authorities had used so-called ‘PIPEDA letters’ to request, and receive access to, this data absent a court order. The effect of the Court’s decision is now being felt as the Royal Canadian Mounted Police have begun to abandon some early investigations on grounds that they lack sufficient justifications to request subscriber data using a court order. Banks, hotels, and other organizations are also re-evaluating their willingness to disclose information to authorities. In aggregate this decision may impact the ability to access basic information without authorities demonstrating some evidence or strong suspicion of wrongdoing and, as a result, provoke renewed legislative ambitions to have subscriber data disclosed more easily in the future.